Quiznetik

Labour laws 2 | Set 1

1. Creation of a political fund by trade unions under the Trade Union Act is

A. compulsory

B. optional

C. by donation from political parties

D. no such provision in the act

Correct : B. optional

2. What will be the minimum number of workers required for organizing a trade union for registration according to the latest amendment under the Trade Unions’ Act, 1926?

A. 7 workers

B. 10 %

C. 100

D. 10% or 100 or 7

Correct : D. 10% or 100 or 7

3. The minimum subscription rate for members of trade unions of rural workers shall not be less than

A. rs. 12 per annum

B. rs. 3 per annum

C. rs. 1 per annum

D. no such provision

Correct : C. rs. 1 per annum

4. A union may claim recognition for an industry in a local area, if it has membership of

A. 10% of the workers in that industry.

B. 15% of the workers in that area.

C. 25% of the workers of that industry in that area.

D. 30% of the workers in similar industry.

Correct : C. 25% of the workers of that industry in that area.

5. A person is qualified to be chosen as a member of the executive or any other office bearer of the registered trade union if he attained the age of

A. fifteen years

B. eighteen years

C. twenty one years

D. twenty five years

Correct : B. eighteen years

6. The registered trade union can collect political fund from its members as a

A. general fund

B. cannot collect political fund

C. separate fund from the interested members

D. only from political parties

Correct : C. separate fund from the interested members

7. Not more than 50% of members of the office bears of Trade union can be outsiders, as per provisions of legislations.

A. industrial dispute act

B. trade union act

C. mines act

D. esi act

Correct : B. trade union act

8. Trade union means any combination formed primarily for the purpose of regulating the relations between

A. workmen and employers permanently

B. workmen and workmen permanently

C. workmen and employers, workmen and workmen, employers and employers temporary or permanent

D. workmen and employers, workmen and workmen, employers and employers permanently

Correct : C. workmen and employers, workmen and workmen, employers and employers temporary or permanent

9. The Trade Unions Act empowers a trade union to create a General Fund for its administration and maintenance. A trade union purchased shares in the Unit Trust of India to enhance its General Fund Account. Which of the following is not correct as per law?

A. the trade union can raise its fund by such type of investments.

B. the trade union can raise its funds by such investments with the permission of appropriate government.

C. the trade union can raise its fund by such investments with the consent of its general body.

D. the trade union cannot do so as it is an attempt towards profit making.

Correct : D. the trade union cannot do so as it is an attempt towards profit making.

10. The basic principle underlying the enactment of the Trade Unions Act is:

A. to protect interests of workers against disregard of human elements in industries.

B. to regulate the relationship of workers and their organization by regulating the balance of power.

C. to provide strength to workers to settle the industrial disputes.

D. to provide security to workers against the occupational hazards.

Correct : B. to regulate the relationship of workers and their organization by regulating the balance of power.

11. As per Maternity Benefit Act, the maximum period for which any woman shall be entitled to maternity benefit shall be

A. twenty six weeks

B. twelve weeks

C. four months

D. sixteen weeks

Correct : A. twenty six weeks

12. The condition of 80 days of employment in the 12 months immediately preceding the date of benefit has been made an eligibility condition for getting

A. maternity benefit under the maternity benefit act

B. disablement benefit under the esi act

C. gratuity under the payment of gratuity act

D. sickness benefit under the esi act

Correct : A. maternity benefit under the maternity benefit act

13. The Royal Commission on Labour examined which of the two States’ MaternityBenefit Acts and recommended enactment of similar laws all over the country?

A. bombay and madhya pradesh

B. madras and mysore

C. bihar and bengal

D. punjab and assam

Correct : A. bombay and madhya pradesh

14. The Workmen’s Compensation Act, 1923, the Maternity Benefit Act, 1965 and the Employees State Insurance Act, 1948

A. together can be applicable.

B. the maternity benefit act and the employees state insurance act can be applicable at a time.

C. the workmen’s compensation act and the employees state insurance act can be applicable at a time.

D. if the workmen’s compensation act and the maternity benefit act are applicable, the employees state insurance act is not applicable.

Correct : D. if the workmen’s compensation act and the maternity benefit act are applicable, the employees state insurance act is not applicable.

15. Assertion (A): Provisions of Employees’ compensation Act and Maternity Benefit Act do not apply to all industries. Reason (R): Employees’ Compensation Act is a comprehensive social security legislation.

A. (a) is wrong, but (r) is right.

B. (a) is right, but (r) does not related to the (a).

C. (a) and (r) are right, and (r) validates the (a).

D. (a) and (r) are wrong.

Correct : C. (a) and (r) are right, and (r) validates the (a).

16. In the maternity act, an inspector is appointed under which section?

A. section 14

B. section 2

C. section 10

D. section 15

Correct : A. section 14

17. No contribution is required for getting benefit under which of the following legislations?

A. maternity benefit act

B. employees’ compensation act

C. both under (a) & (b)

D. none of the above

Correct : C. both under (a) & (b)

18. Which section of the act states the conditions for eligibility of benefits?

A. section 18

B. section 5

C. section 10

D. section 8

Correct : B. section 5

19. Till what age of the child will a mother get 2 nursing breaks in the course of her daily work?

A. 12 months

B. 6 months

C. 18 months

D. 15 months

Correct : D. 15 months

20. Under the Maternity Benefit Act, a woman employee would get a medical bonus of:

A. rs. 3000

B. rs. 3500

C. rs. 4000

D. rs. 4500

Correct : B. rs. 3500

21. Which of the following benefits have not been provided under the Employee’s State Insurance Act, 1948?

A. sickness benefit

B. unemployment allowance

C. children’s’ allowance

D. disablement benefit

Correct : C. children’s’ allowance

22. Under ESI Act, 1948 a member of the Corporation, Standing Committee or the Medical Council shall cease to be a member of the body if he fails to attend

A. two consecutive meetings

B. three meetings intermittently

C. three consecutive meetings

D. four consecutive meetings

Correct : C. three consecutive meetings

23. What is the content of the Schedule I of the ESI Act, 1948?

A. list of injuries deemed to result in permanent total disablement.

B. list of injuries deemed to result in permanent partial disablement.

C. list of occupational diseases.

D. none of the above

Correct : D. none of the above

24. The Workmen’s Compensation Act, 1923, the Maternity Benefit Act, 1965 and the Employees State Insurance Act, 1948

A. together can be applicable.

B. the maternity benefit act and the employees state insurance act can be applicable at a time.

C. the workmen’s compensation act and the employees state insurance act can be applicable at a time.

D. if the workmen’s compensation act and the maternity benefit act are applicable, the employees state insurance act is not applicable.

Correct : D. if the workmen’s compensation act and the maternity benefit act are applicable, the employees state insurance act is not applicable.

25. Who is an ‘exempted employee’ under the Employee’s state Insurance Act, 1948?

A. employee who is minor

B. employee who is not liable under the act to pay the employee’s contribution

C. minor employee who is not liable under the act to pay the employee’s contribution

D. none of the above

Correct : B. employee who is not liable under the act to pay the employee’s contribution

26. Which of the following legislations was based on the recommendations of the B.P. Adarkar Committee Report?

A. maternity benefit act

B. employees’ compensation act

C. employees’ provident funds act

D. employees’ state insurance act, 1948

Correct : D. employees’ state insurance act, 1948

27. ‘Unemployment allowance’ payable is stated in

A. employee state insurance act, 1948

B. unorganized sector workers social security act, 2005

C. factories act, 1948

D. none of the above

Correct : A. employee state insurance act, 1948

28. Which of the following legislations extends some sort of benefit to retired employees also?

A. maternity benefit act

B. employees’ compensation act

C. employees’ state insurance act

D. payment of bonus act

Correct : C. employees’ state insurance act

29. Employees’ share of contribution under the ESI Act is

A. 12%

B. 8.33%

C. 1.75 %

D. 4.75%

Correct : C. 1.75 %

30. What is the wage limit for employees to be covered under the Employee State Insurance Act as per the latest amendment?

A. rs. 15,000 per month

B. rs. 18,000 per month

C. rs. 20,000 per month

D. rs. 25,000 per month

Correct : A. rs. 15,000 per month

31. Which of the following legislations in India is governed by a tripartite organization consisting of representatives of labour, management and Government?

A. industrial disputes act

B. esi act

C. maternity benefit act

D. payment of bonus act

Correct : B. esi act

32. As per the latest amendment under the ESI Act, 1948 medical treatment is now available to persons under voluntary retirement scheme also.

A. true

B. false

C. partly true

D. the act is silent

Correct : A. true

33. The employer’s share of contribution under the ESI Act is

A. 12 %

B. 8.33 %

C. 1.75 %

D. 4.75 %

Correct : D. 4.75 %

34. Employees who are getting a daily average wages up to ________ are exempted from contributing employees’ share of ESI contribution.

A. rs 70

B. rs 50

C. rs 100

D. rs 384.60

Correct : C. rs 100

35. The age of dependent for obtaining dependent’s benefit under the Employees State Insurance Act has now been enhanced from 18 years to

A. 20 years

B. 22 years

C. 24 years

D. 25 years\\

Correct : D. 25 years\\

36. Which of the following is not included under the definition of wages given under the Payment of Wages Act, 1936?

A. basic wage

B. dearness allowance

C. incentive

D. gratuity

Correct : D. gratuity

37. Under the Payment of Wages Act, 1936 the maximum limit on deductions should not ordinarily cross

A. 50 percent generally and 65 percent in case of payments due to the cooperatives

B. 60 percent generally and 75 percent in case of payments due to the cooperatives

C. 50 percent generally and 75 percent in case of payments due to the cooperatives

D. 40 percent generally and 75 percent in case of payments due to the cooperatives

Correct : C. 50 percent generally and 75 percent in case of payments due to the cooperatives

38. If deduction is made contrary to the provisions of the Payment of Wages Act, 1936 the aggrieved employee can write to the inspector appointed under the Act within the time period given below from the date on which the deduction from wages was made or the date on which the payment of wages is due

A. two years

B. one year

C. twelve weeks

D. six weeks

Correct : C. twelve weeks

39. Under which labour legislation in India the provision of check-off has been accepted?

A. industrial disputes act, 1947

B. trade unions act, 1926

C. payment of wages act, 1936

D. industrial employment (standing orders) act

Correct : C. payment of wages act, 1936

40. The present wage ceiling per month for the purpose of the Payment of Wages Act, 1936 is

A. rs. 10. 000/-

B. rs. 15, 000/-

C. rs. 18, 000/-

D. rs. 20,000/-

Correct : C. rs. 18, 000/-

41. According to this Act, the maximum wage period or payment of wages to employees by employer should not exceed

A. 45 days

B. 15 days

C. 30 days

D. 60 days

Correct : C. 30 days

42. The total amount of deductions from wages of employees should not exceed ---- ---- percentage.

A. 50 %

B. 70 %

C. 25 %

D. 40 %

Correct : A. 50 %

43. Total amount of fine imposed by the employer on employees should not exceed -------- percentage of his wage

A. 1 %

B. 3 %

C. 7 %

D. 5 %

Correct : B. 3 %

44. Fine should be recovered within ------- days from the date on which fine were imposed.

A. 30 days

B. 45 days

C. 60 days

D. 75 days

Correct : C. 60 days

45. Whoever obstructs an Inspector in the discharge of his duties under this Act, he may be punished with fine which may extend --------- rupees

A. rs.5000/-

B. rs.3000/-

C. rs.7500/-

D. rs.3500/-

Correct : B. rs.3000/-

46. Fine should not be imposed on any employee who is under the age of ------- years.

A. 21 years

B. 18 years

C. 15 years

D. 14 years

Correct : C. 15 years

47. What is the present wage limit to be eligible to be covered under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952?

A. rs. 6,000

B. rs. 6,500

C. rs. 15,000

D. rs. 12,500

Correct : C. rs. 15,000

48. The Act is applicable to every establishment which is a factory engaged in any industry specified in Schedule I and in which -------- twenty persons are employed

A. 20

B. 10 or more

C. 20 or more

D. 15 or more

Correct : C. 20 or more

49. What are the emoluments earned by the employees which are not not come under the definition of 'Basic Wages' in Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, (i) All emoluments which are earned by an employee while on duty or on leave or on holidays with wages in either case in accordance with the terms of the contract of employment and which are paid or payable in cash to him (ii)The cash value of any food concession (iii) Any dearness allowance, house-rent allowance, overtime allowance, bonus, commission or other similar allowance payable to the employee in respect of his employment or of work done in such employment; (iv) Any presents made by the employer;

A. i & iii

B. ii & iv

C. i, ii & iii

D. ii, iii & iv

Correct : D. ii, iii & iv

50. The chairman and members of Central Board constituted under Employees Provident Fund are appointed by

A. central government

B. state government

C. supreme court

D. none of the above

Correct : A. central government

51. The accounts of the Central Board is audited annually by

A. central provident fund commissioner

B. any auditor appointed by central government

C. comptroller and auditor-general of india

D. any auditor appointed by the chairman of central board

Correct : C. comptroller and auditor-general of india

52. The contribution which shall be paid by the employer to the Fund shall be

A. 5%

B. 7%

C. 12%

D. 10 %

Correct : D. 10 %

53. This Act shall not apply to any establishment registered under the Cooperative Societies Act, 1912 (2 of 1912), employing less than ------- persons and working without the aid of power

A. 20

B. 50

C. 100

D. 70

Correct : B. 50

54. No court inferior to that of ......................class shall try any offence under this Act

A. high court

B. musiff court

C. presidency magistrate or a magistrate of the first class

D. sureme court

Correct : C. presidency magistrate or a magistrate of the first class

55. Which of the following statements about Central Board are true? (i) The Central Provident Fund Commissioner is the Ex officio member of the Central Board (ii) The Central Board shall maintain proper accounts of its income and expenditure in such form and in such manner as the Central Government may, after consultation with the Comptroller and Auditor-General of India, specify in the Scheme (iii) Central Board shall submit annual report of its work and activities to the Central Government

A. i & ii

B. ii & iii

C. i 7& ii

D. i , ii & iii

Correct : D. i , ii & iii

56. Employees’ Provident Funds Appellate Tribunal was constituted under Section ....... the this act

A. 7d

B. 6a

C. 7c

D. 6d

Correct : A. 7d

57. Under this act, “Insurance Fund” means ……………

A. medical insurance fund

B. deposit linked insurance scheme

C. unit linked insurance plan

D. employees’ group accident insurance

Correct : B. deposit linked insurance scheme

58. The Central Government has amended the ceiling for contributions under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (EPF Act) and the Employees' Provident Fund and Miscellaneous Provisions Scheme, 1952 (EPF Scheme) from ----------- to -----------, with effect from 1 September 2014.

A. rs. 7500/- to rs. 15000/-

B. rs. 6500/- to rs.13000/-

C. rs. 6500/- to rs.15000/-

D. rs. 5000/- to rs.12000/-

Correct : C. rs. 6500/- to rs.15000/-

59. Under the Payment of Gratuity Act, 1972 the maximum gratuity payable is

A. rs. 10 lakhs

B. rs. 8 lakhs

C. rs. 5 lakhs

D. rs. 3.5 lakhs

Correct : A. rs. 10 lakhs

60. What is the qualifying service to claim gratuity?

A. 15 years

B. 10 years

C. 5 years

D. no such prescription

Correct : C. 5 years

61. The eligibility condition for obtaining gratuity under the Payment of Gratuity Act, 1972 is

A. completion of 2 years of service

B. completion of 3 years of service

C. completion of 4 years of service

D. completion of 5 years of service

Correct : D. completion of 5 years of service

62. The maximum amount of gratuity has now been enhanced to Rs. 10 lakhs from

A. 2.5 lakhs

B. 3.5 lakhs

C. 5 lakhs

D. 7.5 lakhs

Correct : B. 3.5 lakhs

63. The employer shall arrange to pay the amount of gratuity within --------- days from the date it becomes payable.

A. 30 days

B. 15 days

C. 60 days

D. 75 days

Correct : A. 30 days

64. Appeal on the decision of controlling authority should be preferred within ------ --- days from the date of the order

A. 30 days

B. 60 days

C. 15 days

D. 75 days

Correct : B. 60 days

65. The formula for calculating gratuity is

A. gratuity = (monthly salary/25) x 15 x no. of years of service

B. gratuity = (monthly salary/30) x 15 x no. of years of service

C. gratuity = (monthly salary/26) x 15 x no. of years of service

D. gratuity = (monthly salary/15) x 15 x no. of years of service

Correct : C. gratuity = (monthly salary/26) x 15 x no. of years of service

66. Which of the following is wrong statement

A. no gratuity payable under the act shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court.

B. the payment of gratuity (amendment) act, 1987 has prescribed provisions for compulsory insurance for employer’s liability for payment towards the gratuity under the act from the life insurance corporation of india or any other prescribed insurer.

C. once the payment of gratuity act becomes applicable to the establishment, a notice in form ‘a’ has to be given by the employer to the controlling authority within 30 days. notice in form ‘b’ is to be given to the controlling authority within 30 days of any change in name, address, employer or nature of business. if an employer proposes to close down the business, he shall submit a notice in form ‘c’ to the controlling authority at least 60 days before the intended closure.

D. this act is not applicable to public charitable and religious trusts

Correct : D. this act is not applicable to public charitable and religious trusts

67. For avoiding any payment knowingly makes any false statement orrepresentation shall be punishable with

A. imprisonment upto 3 months or fine upto rs. 10,000/- or both

B. imprisonment upto 6 months or fine upto rs. 10,000/- or both

C. imprisonment upto 3 months or fine upto rs. 20,000/- or both

D. imprisonment upto 6 months or fine upto rs. 20,000/- or both

Correct : A. imprisonment upto 3 months or fine upto rs. 10,000/- or both

68. Failure to comply with any provision of the Act or Rules shall be punishable with

A. imprisonment upto 1 year or with fine extend upto rs. 10,000/- or with both

B. imprisonment upto 1 year or with fine extend upto rs. 20,000/- or with both

C. imprisonment upto 2 year or with fine extend upto rs. 20,000/- or with both

D. imprisonment upto 2 year or with fine extend upto rs. 50,000/- or with both

Correct : B. imprisonment upto 1 year or with fine extend upto rs. 20,000/- or with both

69. Which section deals with the determination of the amount of gratuity

A. section 10

B. section 8

C. section 7

D. section 9

Correct : C. section 7

70. Which Section of the Factories Act 1948 defines the term "occupier" of a factory as a person who has ultimate control over the affairs of the factory

A. section 2(n)

B. section 2(m)

C. section 2(h)

D. section 2(k)

Correct : A. section 2(n)

71. Which Section of the Factories Act 1948 deals with the conditions that exempt the occupier or manager from liability in certain cases?

A. section 71

B. section 101

C. section 110

D. section 95

Correct : B. section 101

72. As per Section 101 of Factories Act 1948, what are the conditions that exempt the occupier or manager from liability in certain defenses which are punishable under this Act?

A. he has used due diligence to enforce the execution of this act

B. the offence in question was committed without his knowledge, consent or connivance

C. both (a) & (b)

D. none of the above

Correct : C. both (a) & (b)

73. As per Section-3 of Factories Act 1948, who has the power to make rules for references to time for a day in any area where Indian Standard Time is not ordinarily observed?

A. state labour commissioner

B. chief inspector of the state

C. central government

D. state government

Correct : D. state government

74. Which Section of the Factories Act 1948 empower State Government to declare different departments to be separate factories or two or more factories to be a single factory

A. section 4

B. section 3

C. section 6

D. section 5

Correct : A. section 4

75. As per Section 5 of Factories Act 1948, who has the power to exempt any factory or class or description of factories from all or any of the provisions of this Act, for such period and subject to such conditions as it may think fit

A. central government

B. state government

C. state labour commissioner

D. chief inspector of the state

Correct : B. state government

76. Which authorities carry out the administration of the factories Act, 1948 under the supervision of the State Government? (i) Inspecting staff (ii) Certifying Surgeons (iii) Labour Officers (iv) Safety Officers

A. (i) & (ii)

B. (i), (ii) & (iii)

C. (i), (ii) & (iv)

D. (i), (ii), (iii) & (iv)

Correct : C. (i), (ii) & (iv)

77. As per Factories Act 1948, who shall be an Inspector for his district

A. tahasildar

B. sub divisional magistrate

C. labour officer

D. district magistrate

Correct : D. district magistrate

78. Piece-rate workers are considered workers as per the definition of 'Worker' in the Factories Act, 1948. This statement is

A. true

B. false

C. true in certain cases only

D. false in certain cases only

Correct : A. true

79. What is the minimum number of workers required in a factory for the mandatory appointment of a Safety Officer

A. more than 500

B. more than 1000

C. more than 750

D. more than 250

Correct : B. more than 1000